S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2639
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring hospital
   and emergency room physicians to notify a  patient's  prescriber  that
   such patient is being treated for a controlled substance overdose

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (i) and (j) of subdivision 1 of section 3371  of
 the public health law, as added by section 4 of part A of chapter 447 of
 the laws of 2012, are amended to read as follows:
   (i)  to a medical examiner or coroner who is an officer of or employed
 by a state or local government, pursuant to his or her official  duties;
 [and]
   (j) to an individual for the purpose of providing such individual with
 his  or  her own controlled substance history or, in appropriate circum-
 stances, in the case of a patient who lacks capacity to make health care
 decisions, a person who has legal authority to make such  decisions  for
 the patient and who would have legal access to the patient's health care
 records, if requested from the department pursuant to subdivision six of
 section  thirty-three  hundred  forty-three-a  of this article or from a
 treating practitioner pursuant to subparagraph (iv) of paragraph (a)  of
 subdivision two of this section; AND
   (K)  TO  A  PRACTITIONER  TO INFORM HIM OR HER THAT A PATIENT IS UNDER
 TREATMENT FOR A CONTROLLED SUBSTANCE OVERDOSE BY HOSPITAL  OR  EMERGENCY
 ROOM PRACTITIONER FOR THE PURPOSES OF SUBDIVISION TWO OF THIS SECTION.
   §  2.  Paragraph  (a)  of  subdivision 2 of section 3371 of the public
 health law, as amended by chapter 90 of the laws of 2014, is amended  to
 read as follows:
   (a)  a  practitioner,  or  a  designee authorized by such practitioner
 pursuant to paragraph (b) of subdivision  two  of  section  thirty-three
 hundred  forty-three-a or section thirty-three hundred sixty-one of this
 article, for the purposes of: (i)  informing  the  practitioner  that  a
 patient  may  be  under treatment with a controlled substance by another
 practitioner OR THAT A PATIENT  IS  UNDER  TREATMENT  FOR  A  CONTROLLED
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00509-01-7

 S. 2639                             2
 
 SUBSTANCE  OVERDOSE;  (ii) providing the practitioner with notifications
 of controlled substance activity as deemed relevant by  the  department,
 including  but not limited to a notification made available on a monthly
 or  other  periodic  basis through the registry of controlled substances
 activity pertaining to his or her patient; (iii)  allowing  the  practi-
 tioner,  through  consultation  of  the  prescription monitoring program
 registry, to review his or her patient's controlled  substances  history
 as  required  by  section  thirty-three hundred forty-three-a or section
 thirty-three hundred sixty-one of this article; and  (iv)  providing  to
 his  or  her  patient, or person authorized pursuant to paragraph (j) of
 subdivision one of this section, upon request, a copy of such  patient's
 controlled substance history as is available to the practitioner through
 the prescription monitoring program registry; or
   §  3.  Paragraph  (a)  of  subdivision 2 of section 3371 of the public
 health law, as added by section 5 of part A of chapter 447 of  the  laws
 of 2012, is amended to read as follows:
   (a)  a  practitioner,  or  a  designee authorized by such practitioner
 pursuant to paragraph (b) of subdivision  two  of  section  thirty-three
 hundred  forty-three-a of this article, for the purposes of: (i) inform-
 ing the practitioner that a  patient  may  be  under  treatment  with  a
 controlled  substance by another practitioner OR THAT A PATIENT IS UNDER
 TREATMENT FOR A CONTROLLED SUBSTANCE OVERDOSE; (ii) providing the  prac-
 titioner  with  notifications of controlled substance activity as deemed
 relevant by the department, including but not limited to a  notification
 made available on a monthly or other periodic basis through the registry
 of  controlled  substances  activity  pertaining  to his or her patient;
 (iii)  allowing  the   practitioner,   through   consultation   of   the
 prescription monitoring program registry, to review his or her patient's
 controlled  substances  history  as  required  by  section  thirty-three
 hundred forty-three-a of this article; and (iv) providing to his or  her
 patient,  or  person authorized pursuant to paragraph (j) of subdivision
 one of this section, upon request, a copy of such  patient's  controlled
 substance  history  as  is  available  to  the  practitioner through the
 prescription monitoring program registry; or
   § 4. The opening paragraph  of  paragraph  (a)  of  subdivision  2  of
 section 3343-a of the public health law, as added by section 2 of part A
 of chapter 447 of the laws of 2012, is amended to read as follows:
   Every  practitioner  shall consult the prescription monitoring program
 registry prior to prescribing or  dispensing  any  controlled  substance
 listed  on schedule II, III or IV of section thirty-three hundred six of
 this article, for  the  purpose  of  reviewing  a  patient's  controlled
 substance history as set forth in such registry AND EVERY EMERGENCY ROOM
 OR  HOSPITAL  PRACTITIONER  SHALL  CONSULT  THE  PRESCRIPTION MONITORING
 PROGRAM REGISTRY WHEN TREATING A  PATIENT  FOR  A  CONTROLLED  SUBSTANCE
 OVERDOSE  AND  SHALL  NOTIFY  THE PATIENT'S PRESCRIBER OF SUCH OVERDOSE;
 provided, however, that  nothing  in  this  section  shall  preclude  an
 authorized  practitioner, other than a veterinarian, from consulting the
 registry at his or her option prior to  prescribing  or  dispensing  any
 controlled  substance.  The duty to consult the registry shall not apply
 to:
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments to paragraph (a) of subdivision 2 of section 3371 of the
 public health law as amended by section two of this act shall be subject
 to the expiration and reversion of such subdivision pursuant to  section
 12  of  chapter  90 of the laws of 2014, as amended, when upon such date
 the provisions of section three of this act shall take effect.